Judicial review principles

Scope and application of judicial review

Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. CPR 54.1 states that:

'a "claim for judicial review" means a claim to review the lawfulness of–

1. •

   an enactment or

2. •

   a decision, action or failure to act in relation to the exercise of a public function.’

Judicial review proceedings in England and Wales normally take place in the Administrative Court, which is part of the King’s Bench Division of the High Court. The Upper Tribunal also has a limited judicial review jurisdiction.

This subtopic focuses primarily on proceedings in the Administrative Court, providing a range of practical guidance materials on the relevant principles and procedures. It also contains guidance on the core principles, procedural steps and distinctive features of judicial review in the Upper Tribunal, as well as in Scotland.

Judicial review remedies are discretionary. The Administrative Court can make the following orders:

1. •

   a quashing order (the effect of which the court has power to delay, and the retrospective effect of which the court has power to